The claimant was a Ugandan student studying in the United Kingdom, and benefiting from a grant of leave to remain. His studies ended but leave to remain had not been withdrawn. The claimant’s brother in Uganda had become involved in political activity; and the claimant, seeking to rely upon the danger of his own return, applied for asylum, but the Secretary of State refused the application. By section 83(1)(2) of the Nationality, Immigration and Asylum Act 2002 a person whose asylum claim had been rejected by the Secretary of State but who had been granted leave to enter or remain in the United Kingdom for over a year could appeal to an adjudicator against the rejection of his asylum claim. The claimant appealed to the First-tier Tribunal, and failed. On his seeking to appeal further to the Upper Tribunal, that tribunal held that the First-tier Tribunal (and thus the Upper Tribunal) lacked jurisdiction on the grounds that the condition within section 83(1)(b) of 2002 Act was not made out on the facts, since the claimant had been granted leave to remain before, rather than after, the refusal of the asylum claim. The claimant appealed.

The issue on the appeal was whether a grant of leave for the purposes of section 83(1)(b) of the 2002 Act had to post-date the refusal of the relevant asylum claim.